HomeMy WebLinkAbout30. 15-268
MAY 26, 2015 15-268 RESOLUTION
(CARRIED___ 6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY GREG POLLESCH
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
Greg Pollesch DATE OF LOSS: 4/11/2015
(for alleged damages to his trailer from a pothole)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six months
from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
WI', 1 4 2015
Statewide Services, Inc.
Claim Division 1291 John Q Mammon
P.O.Box 5555
Madison,WI 53705-0555
B77-209-9712
May 14, 2015
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702660770
Date of Loss: 04/11/2015
Claimant: Greg Pollesch
82 E. Waukau Avenue,Oshkosh WI 54902
Dear Ms. Ubrig:
Statewide Services,Inc. administers the claims for the League of Wisconsin Municipalities Mutual
Insurance, which provides the insurance coverage for the City of Oshkosh. We are in receipt of the Claim
Form,through which Mr.Pollesch asserts he sustained property damage to his trailer at the 24" Street
boat launch when the trailer allegedly dropped into a 1'-2' deep hole.
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin
Statute for Disallowance of Claim 893.80(Ig).The disallowance of this claim will shorten the statute of
limitations period to six months.The basis of this denial is that we have found no negligence or liability
on behalf of the City of Oshkosh as the City had no prior knowledge of any defects,including the "hole"
that allegedly caused the damage to Mr. Pollesch's trailer. According to our investigation,the 24`h Street
boat launch received repair work in 2014, and there have been no complaints regarding the launching
area, other than complaints regarding parking,since.A municipality has no liability unless it knew of the
existence of,and had a reasonable amount of time to repair,the condition.
Please send your disallowance,on your letterhead,directly to the claimant at the above listed addresses.
This should be sent certified or registered mail and must be received by the claimant and her Attorney
within 120 days after you received the claim. Please send me a copy of the Notice of Disallowance for our
file.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
gkimpton@statewidesvcs.com
CC: David Krueger,Agent